SRC-SLL H.B. 1370 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 1370
By: Garcia (Shapiro)
Criminal Justice
5-13-97
Engrossed


DIGEST 

In recent years, drive-by shootings have increased in many Texas cities.
This crime has either changed the lives or seriously injured many innocent
people who are often caught in the crossfire. Along with human casualties,
drive-by shootings produce much  property damage.  Stray bullets have
shattered windows in both buildings and vehicles or have been found lodged
in walls of residential complexes and schools.  Under current law, if
someone involved in a drive-by shooting only damages property the person
is charged with a misdemeanor offense of criminal mischief.  This bill
will increase the punishment for the offense of criminal mischief under
certain circumstances. 

PURPOSE

As proposed, H.B. 1370 provides regulations regarding the punishment for
the offense of criminal mischief. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 28.03, Penal Code, by amending Subsection (b)
and adding Subsection (g), to provide that an offense under this section
is, among other penalties, a Class C misdemeanor if the amount of
pecuniary loss is less than $50, rather than $20; or a felony of the third
degree if the amount of the pecuniary loss is less than $20,000, if the
property damaged or destroyed is a habitation and if the damage or
destruction is caused by a firearm or explosive weapon. Defines "firearm"
and "explosive weapon."  Makes a conforming change. 

SECTION 2. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 3. Emergency clause.